Case: Stone v. Trump

1:17-cv-02459 | U.S. District Court for the District of Maryland

Filed Date: Aug. 28, 2017

Closed Date: Aug. 19, 2021

Clearinghouse coding complete

Case Summary

On August 28, 2017, six transgender individuals currently serving in the United States military filed a complaint in the United States District Court for the District of Maryland. The plaintiffs sued the President of the United States and various Department of Defense officials, arguing that they had violated the plaintiffs' Fifth Amendment rights, in particular the Equal Protection clause and the Due Process clause. In an amended complaint, the plaintiffs also brought a cause of action under 1…

On August 28, 2017, six transgender individuals currently serving in the United States military filed a complaint in the United States District Court for the District of Maryland. The plaintiffs sued the President of the United States and various Department of Defense officials, arguing that they had violated the plaintiffs' Fifth Amendment rights, in particular the Equal Protection clause and the Due Process clause. In an amended complaint, the plaintiffs also brought a cause of action under 10 U.S.C § 1074, which entitles military members to medical care benefits. The plaintiffs, represented by the ACLU of Maryland and private counsels, sought declaratory judgments stating the Transgender Service Member Ban violated Equal Protection and Due Process clauses by denying their ability to serve and denying them access to medical treatments previously provided by their military employment. They also sought an order to permanently enjoin the defendants from enforcing the Transgender Service Member Ban, in addition to attorney’s fees.

The plaintiffs comprised a group of transgender individuals that, under the Open Service Directive, publicly revealed their transgender status and were receiving medically necessary treatments related to their gender transition. The complaint alleged that President Trump’s memorandum entitled “Military Service by Transgender Individuals” set aside the Open Service Directive and replaced it with a policy that contained animus against transgender individuals. The complaint singled out the policy directives that rescinded protection against discharge of existing service members, banned new enlistments and commission, and banned medically necessary care. The plaintiffs claimed these directives directly violate their Fifth Amendment rights and discriminated against each of the plaintiffs and other service members who identified as transgender on the basis of sex.

This case was assigned to Judge Marvin Garbis and Magistrate Judge Stephanie A. Gallagher.

On September 14, 2017, the plaintiffs filed for a preliminary injunction to enjoin the defendants from enforcing President Trump’s memorandum until final judgment was given on the case. On November 21, 2017, the court granted the preliminary injunction because the plaintiffs were likely to succeed on their Equal Protection claims against the three policy directives and the claims under due process were sufficiently plausible to withstand dismissal. The court also dismissed the plaintiffs' cause of action under 10 U.S.C § 1074 without prejudice, finding that plaintiffs’ allegations relating to this claim were conclusory. 280 F.Supp.3d 747.

The defendants filed an appeal against the preliminary injunction on December 6, 2017 to the Fourth Circuit and later filed a motion for clarification and stay in the appeals court and the district court. The motions for clarification and stay were denied in both courts. The defendants filed a voluntary dismissal motion for their appeal of the preliminary injunction on December 29, 2017 and the court approved soon after.

Back in district court, the defendants filed a motion for judgment on the pleadings and motion to partially dissolve the preliminary injunction on March 1, 2018. The plaintiffs then filed a second amended complaint and removed the 10 U.S.C § 1074 claim on April 27, 2018.

On May 11, 2018, the defendants filed a motion to dismiss for failure to state a claim, motion to dismiss for lack of jurisdiction, and motion for summary judgment. On May 25, 2018, the plaintiffs filed a cross-motion for summary judgment.

In June of 2018, Judge Garvis retired, and the case was reassigned to Judge George Russell III on July 18, 2018.

On March 1, 2019, the defendants told the court that they would shortly file a petition for a writ of mandamus in the U.S. Court of Appeals for the Fourth Circuit. The writ of mandamus would request the appellate court to direct the district court to stay its November 21, 2017 nationwide preliminary injunction because the Supreme Court stayed two nationwide injunctions in two similar cases on January 22, 2019.

Judge Russell issued an opinion on the writ of mandamus on March 7, 2019. He stayed the preliminary injunction based on the Supreme Court's decision to stay a nationwide injunction on the transgender military ban in Stockman v. Trump and Karnoski v. Trump. The plaintiffs attempted to suspend the stay as it relates to their individual cases, but Judge Russell did not agree with this motion, because the Stockman and Karnoski decisions attempted the same argument, and the Supreme Court rebuffed it. 2019 WL 5697228.

The defendants filed a notice with the court on June 18, 2019 that the Ninth Circuit had issued an opinion regarding the stayed nationwide injunction on the transgender service ban in Karnoski v. Trump. In that opinion, the Ninth Circuit vacated the U.S. District Court for the Western District of Washington's order striking the motion to dissolve the preliminary injunction because the revised 2018 policy was significantly different from the 2017 guidance that inspired the injunction. The Ninth Circuit remanded the case to the district court to review if the revisions warranted dissolution of the preliminary injunction. Back in the U.S. District Court for the District of Maryland, the defendants used this opinion to support their arguments put forth in their motions to dismiss and extend the stay of the preliminary injunction. In addition, the defendants moved for reconsideration of the motion to stay portions of discovery based on this opinion on June 27.

Judge Russell ruled on various outstanding motions on August 20, 2019. He granted the defendant's motion to dissolve the preliminary injunction, writing that while the 2018 policy makes serving in the military while transgender more difficult, the new policy is not a blanket ban like the one the injunction was intended to correct. Using a similar argument, Judge Russell dismissed all of the plaintiffs' claims related to the 2017 policy as moot. In addition, he found several of the current plaintiffs lack standing; the 2018 policy imposes restrictions on those seeking to join the military, not those that are already in, and many of the plaintiffs were already in the military. However, he refused to dismiss the plaintiff's equal protection claims, and allowed for discovery to continue on the issue. Similarly, he dismissed a motion for judgment on the pleadings, looking to further discovery to settle the issues. 400 F.Supp.3d 317.

Judge Russell turned to the defendant's motion for reconsideration on September 3, 2019, granting it in part and denying it in part. He denied the motion to stay discovery, saying that it would only be necessary if the defendants sought review at the Fourth Circuit. However, he granted the motion for reconsideration on the level of deference various military documents found in discovery will be given. 402 F.Supp.3d 153.

After these discovery disputes were settled, the plaintiffs filed a third amended complaint on November 6, 2019. The new complaint amended the factual allegations section to account for new developments since the case started, focusing on stigmatic injuries associated with serving as a transgender service member.

Discovery continued throughout 2020, during which time President Biden took office. On January 25, 2021, President Joe Biden issued an executive order revoking the March 23, 2018 memorandum and confirming that the August 25, 2017 memorandum remained revoked. President Biden’s memorandum stated that “[a]ll Americans who are qualified to serve in the Armed Forces of the United States should be able to serve. The All-Volunteer Force thrives when it is composed of diverse Americans who can meet the rigorous standards for military service, and an inclusive military strengthens our national security.” The memorandum further directed the Secretaries of Defense and Homeland Security to “establish[] a process by which transgender service members may transition gender while serving.”

In response to the memorandum, on April 9, 2021, parties jointly moved to stay this case to allow defendants to implement the January 25, 2021 memorandum. The court granted the stay on April 13, 2021. The executive order’s new directives went into effect on April 30, 2021, and thereafter parties began negotiating over dismissal of the case, as the underlying matter had been rendered moot. On August 19, 2021, parties jointly moved to dismiss the case, and the court granted the dismissal and terminated the case on the same day.

Summary Authors

Taylor Brook (1/18/2018)

Sichun Liu (3/5/2019)

Ellen Aldin (6/24/2020)

Sarah Portwood (3/29/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6144111/parties/stone-v-trump/


Judge(s)
Attorney for Plaintiff

Andrews−Lee, Mark E (District of Columbia)

Block, Joshua A (New York)

Bozman, Jeffrey Todd (District of Columbia)

Attorney for Defendant

Barrett, Barbara (Maryland)

Carmichael, Andrew Evan (District of Columbia)

Expert/Monitor/Master/Other
Judge(s)

Copperthite, A. David (Maryland)

Diaz, Albert (North Carolina)

Garbis, Marvin J. (Maryland)

Harris, Pamela Ann (Maryland)

Motz, Diana Jane Gribbon (Maryland)

Russell, George Levi III (Maryland)

show all people

Documents in the Clearinghouse

Document

1:17-cv-02459

Docket [PACER]

May 21, 2020

May 21, 2020

Docket
1

1:17-cv-02459

Complaint for Declaratory and Injunctive Relief

Aug. 28, 2017

Aug. 28, 2017

Complaint
39

1:17-cv-02459

First Amended Complaint for Declaratory and Injunctive Relief

Stone v.Trump

Sept. 14, 2017

Sept. 14, 2017

Complaint
84

1:17-cv-02459

Preliminary Injunction

Nov. 21, 2017

Nov. 21, 2017

Order/Opinion
85

1:17-cv-02459

Memorandum and Order Re: Motions

Nov. 21, 2017

Nov. 21, 2017

Order/Opinion

17-02398

Order

U.S. Court of Appeals for the Fourth Circuit

Dec. 21, 2017

Dec. 21, 2017

Order/Opinion
101

1:17-cv-02459

Memorandum & Order Re: Clarification

Dec. 28, 2017

Dec. 28, 2017

Order/Opinion

2017 WL 2017

148

1:17-cv-02459

Amended Complaint

April 27, 2018

April 27, 2018

Complaint
249

1:17-cv-02459

Order

March 7, 2019

March 7, 2019

Order/Opinion

2019 WL 2019

255

1:17-cv-02459

Defendants' Notice of Supplemental Authority

June 18, 2019

June 18, 2019

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6144111/stone-v-trump/

Last updated Feb. 22, 2024, 3:12 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Donald J. Trump, James Mattis, Ryan McCarthy, Richard Spencer, Heather Wilson ( Filing fee $ 400 receipt number 0416-6854041.), filed by John Doe, Kate Cole, Brock Stone, American Civil Liberties Union of Maryland, Inc., Seven Ero George, Teagan Gilbert, Tommie Parker. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(Kies, Marianne) (Entered: 08/28/2017)

Aug. 28, 2017

Aug. 28, 2017

Clearinghouse
2

NOTICE by American Civil Liberties Union of Maryland, Inc., Kate Cole, John Doe, Seven Ero George, Teagan Gilbert, Tommie Parker, Brock Stone re 1 Complaint, Summons to Defendant Trump (Kies, Marianne) (Entered: 08/28/2017)

Aug. 28, 2017

Aug. 28, 2017

PACER
3

NOTICE by American Civil Liberties Union of Maryland, Inc., Kate Cole, John Doe, Seven Ero George, Teagan Gilbert, Tommie Parker, Brock Stone re 1 Complaint, Summons to Defendant Mattis (Kies, Marianne) (Entered: 08/28/2017)

Aug. 28, 2017

Aug. 28, 2017

RECAP
4

NOTICE by American Civil Liberties Union of Maryland, Inc., Kate Cole, John Doe, Seven Ero George, Teagan Gilbert, Tommie Parker, Brock Stone re 1 Complaint, Summons to Defendant McCarthy (Kies, Marianne) (Entered: 08/28/2017)

Aug. 28, 2017

Aug. 28, 2017

RECAP
5

NOTICE by American Civil Liberties Union of Maryland, Inc., Kate Cole, John Doe, Seven Ero George, Teagan Gilbert, Tommie Parker, Brock Stone re 1 Complaint, Summons to Defendant Spencer (Kies, Marianne) (Entered: 08/28/2017)

Aug. 28, 2017

Aug. 28, 2017

PACER
6

NOTICE by American Civil Liberties Union of Maryland, Inc., Kate Cole, John Doe, Seven Ero George, Teagan Gilbert, Tommie Parker, Brock Stone re 1 Complaint, Summons to Defendant Wilson (Kies, Marianne) (Entered: 08/28/2017)

Aug. 28, 2017

Aug. 28, 2017

PACER
7

NOTICE by American Civil Liberties Union of Maryland, Inc., Kate Cole, John Doe, Seven Ero George, Teagan Gilbert, Tommie Parker, Brock Stone re 1 Complaint, Summonses to Attorney General and U.S. Attorney (Attachments: # 1 Supplement)(Kies, Marianne) (Entered: 08/28/2017)

1 Supplement

View on PACER

Aug. 28, 2017

Aug. 28, 2017

RECAP
8

MOTION for Other Relief Motion for Permission for Plaintiff John Doe to Proceed Under Pseudonym, and Motion to Omit Individual Plaintiffs' Home Addresses from Caption by American Civil Liberties Union of Maryland, Inc., Kate Cole, John Doe, Seven Ero George, Teagan Gilbert, Tommie Parker, Brock Stone (Attachments: # 1 Text of Proposed Order, # 2 Exhibit Memorandum ISO Motion, # 3 Affidavit Strangio Decl., # 4 Exhibit Ex. A to Strangio Decl., # 5 Exhibit Ex. B to Strangio Decl., # 6 Exhibit Ex. C to Strangio Decl., # 7 Exhibit Notice of Filing of Document Under Seal, # 8 Affidavit Stone Decl., # 9 Affidavit George Decl., # 10 Affidavit Gilbert Decl., # 11 Affidavit Parker Decl., # 12 Affidavit Cole Decl.)(Kies, Marianne) (Entered: 08/28/2017)

1 Text of Proposed Order

View on PACER

2 Exhibit Memorandum ISO Motion

View on PACER

3 Affidavit Strangio Decl.

View on PACER

4 Exhibit Ex. A to Strangio Decl.

View on RECAP

5 Exhibit Ex. B to Strangio Decl.

View on PACER

6 Exhibit Ex. C to Strangio Decl.

View on PACER

7 Exhibit Notice of Filing of Document Under Seal

View on PACER

8 Affidavit Stone Decl.

View on PACER

9 Affidavit George Decl.

View on PACER

10 Affidavit Gilbert Decl.

View on PACER

11 Affidavit Parker Decl.

View on PACER

12 Affidavit Cole Decl.

View on PACER

Aug. 28, 2017

Aug. 28, 2017

PACER
9

-SEALED - NOTICE of Filing Under Seal Declaration of John Doe by American Civil Liberties Union of Maryland, Inc., Kate Cole, John Doe, Seven Ero George, Teagan Gilbert, Tommie Parker, Brock Stone re 8 MOTION for Other Relief Motion for Permission for Plaintiff John Doe to Proceed Under Pseudonym, and Motion to Omit Individual Plaintiffs' Home Addresses from Caption (Kies, Marianne) (Entered: 08/28/2017)

Aug. 28, 2017

Aug. 28, 2017

PACER
10

MOTION to Seal Declaration of John Doe by American Civil Liberties Union of Maryland, Inc., Kate Cole, John Doe, Seven Ero George, Teagan Gilbert, Tommie Parker, Brock Stone (Attachments: # 1 Text of Proposed Order)(Kies, Marianne) (Entered: 08/28/2017)

1 Text of Proposed Order

View on RECAP

Aug. 28, 2017

Aug. 28, 2017

RECAP
11

MOTION to Appear Pro Hac Vice for David M. Zionts (Filing fee $100, receipt number 0416-6854875.) by American Civil Liberties Union of Maryland, Inc., Kate Cole, John Doe, Seven Ero George, Teagan Gilbert, Tommie Parker, Brock Stone(Kies, Marianne) (Entered: 08/28/2017)

Aug. 28, 2017

Aug. 28, 2017

PACER
12

MOTION to Appear Pro Hac Vice for Carolyn F. Corwin (Filing fee $100, receipt number 0416-6854881.) by American Civil Liberties Union of Maryland, Inc., Kate Cole, John Doe, Seven Ero George, Teagan Gilbert, Tommie Parker, Brock Stone(Kies, Marianne) (Entered: 08/28/2017)

Aug. 28, 2017

Aug. 28, 2017

PACER
13

Summons Issued 60 days as to James Mattis, Ryan McCarthy, Richard Spencer, Donald J. Trump, Heather Wilson, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons)(kw2s, Deputy Clerk) (Entered: 08/28/2017)

Aug. 28, 2017

Aug. 28, 2017

PACER
14

MOTION to Appear Pro Hac Vice for Mitchell A. Kamin (Filing fee $100, receipt number 0416-6857699.) by American Civil Liberties Union of Maryland, Inc., Kate Cole, John Doe, Seven Ero George, Teagan Gilbert, Tommie Parker, Brock Stone(Kies, Marianne) (Entered: 08/29/2017)

Aug. 29, 2017

Aug. 29, 2017

PACER
15

MOTION to Appear Pro Hac Vice for Christopher J. Hanson (Filing fee $100, receipt number 0416-6857720.) by American Civil Liberties Union of Maryland, Inc., Kate Cole, John Doe, Seven Ero George, Teagan Gilbert, Tommie Parker, Brock Stone(Kies, Marianne) (Entered: 08/29/2017)

Aug. 29, 2017

Aug. 29, 2017

PACER
16

MOTION to Appear Pro Hac Vice for Jaclyn E. Martinez Resly (Filing fee $100, receipt number 0416-6857726.) by American Civil Liberties Union of Maryland, Inc., Kate Cole, John Doe, Seven Ero George, Teagan Gilbert, Tommie Parker, Brock Stone(Kies, Marianne) (Entered: 08/29/2017)

Aug. 29, 2017

Aug. 29, 2017

PACER
17

MOTION to Appear Pro Hac Vice for Jeffrey Todd Bozman (Filing fee $100, receipt number 0416-6857735.) by American Civil Liberties Union of Maryland, Inc., Kate Cole, John Doe, Seven Ero George, Teagan Gilbert, Tommie Parker, Brock Stone(Kies, Marianne) (Entered: 08/29/2017)

Aug. 29, 2017

Aug. 29, 2017

PACER
18

MOTION to Appear Pro Hac Vice for Tom Plotkin (Filing fee $100, receipt number 0416-6857753.) by American Civil Liberties Union of Maryland, Inc., Kate Cole, John Doe, Seven Ero George, Teagan Gilbert, Tommie Parker, Brock Stone(Kies, Marianne) (Entered: 08/29/2017)

Aug. 29, 2017

Aug. 29, 2017

PACER
19

MOTION to Appear Pro Hac Vice for Nicholas M. Lampros (Filing fee $100, receipt number 0416-6864318.) by American Civil Liberties Union of Maryland, Inc., Kate Cole, John Doe, Seven Ero George, Teagan Gilbert, Tommie Parker, Brock Stone(Kies, Marianne) (Entered: 09/01/2017)

Sept. 1, 2017

Sept. 1, 2017

PACER
20

NOTICE of Appearance by David Robert Rocah on behalf of All Plaintiffs (Rocah, David) (Entered: 09/01/2017)

Sept. 1, 2017

Sept. 1, 2017

PACER
21

MOTION to Appear Pro Hac Vice for Chase Strangio (Filing fee $100, receipt number 0416-6866493.) by American Civil Liberties Union of Maryland, Inc., Kate Cole, John Doe, Seven Ero George, Teagan Gilbert, Tommie Parker, Brock Stone(Rocah, David) (Entered: 09/01/2017)

Sept. 1, 2017

Sept. 1, 2017

PACER
22

MOTION to Appear Pro Hac Vice for James Esseks (Filing fee $100, receipt number 0416-6866557.) by American Civil Liberties Union of Maryland, Inc., Kate Cole, John Doe, Seven Ero George, Teagan Gilbert, Tommie Parker, Brock Stone(Rocah, David) (Entered: 09/01/2017)

Sept. 1, 2017

Sept. 1, 2017

PACER
23

MOTION to Appear Pro Hac Vice for Joshua Block (Filing fee $100, receipt number 0416-6866569.) by American Civil Liberties Union of Maryland, Inc., Kate Cole, John Doe, Seven Ero George, Teagan Gilbert, Tommie Parker, Brock Stone(Rocah, David) (Entered: 09/01/2017)

Sept. 1, 2017

Sept. 1, 2017

PACER
24

MOTION to Appear Pro Hac Vice for Leslie Cooper (Filing fee $100, receipt number 0416-6866581.) by American Civil Liberties Union of Maryland, Inc., Kate Cole, John Doe, Seven Ero George, Teagan Gilbert, Tommie Parker, Brock Stone(Rocah, David) (Entered: 09/01/2017)

Sept. 1, 2017

Sept. 1, 2017

PACER
25

PAPERLESS ORDER granting 11 Motion to Appear Pro Hac Vice on behalf of David Zionts. Directing attorney David Zionts to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 9/5/2017. (srd, Deputy Clerk) (Entered: 09/05/2017)

Sept. 5, 2017

Sept. 5, 2017

PACER
26

PAPERLESS ORDER granting 12 Motion to Appear Pro Hac Vice on behalf of Carolyn Corwin. Directing attorney Carolyn Corwin to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 9/5/2017. (srd, Deputy Clerk) (Entered: 09/05/2017)

Sept. 5, 2017

Sept. 5, 2017

PACER
27

PAPERLESS ORDER granting 14 Motion to Appear Pro Hac Vice on behalf of Mitchell Kamin. Directing attorney Mitchell Kamin to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 9/5/2017. (srd, Deputy Clerk) (Entered: 09/05/2017)

Sept. 5, 2017

Sept. 5, 2017

PACER
28

PAPERLESS ORDER granting 15 Motion to Appear Pro Hac Vice on behalf of Christopher J Hanson. Directing attorney Christopher J Hanson to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 9/5/2017. (srd, Deputy Clerk) (Entered: 09/05/2017)

Sept. 5, 2017

Sept. 5, 2017

PACER
29

PAPERLESS ORDER granting 16 Motion to Appear Pro Hac Vice on behalf of Jaclyn Elysse Martinez Resly. Attorney Jaclyn Elysse Martinez Resly will receive a separate email with the previously issued CM/ECF login and password. Signed by Clerk on 9/5/2017. (srd, Deputy Clerk) (Entered: 09/05/2017)

Sept. 5, 2017

Sept. 5, 2017

PACER
30

PAPERLESS ORDER granting 17 Motion to Appear Pro Hac Vice on behalf of Jeffrey Bozman. Directing attorney Jeffrey Bozman to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 9/5/2017. (srd, Deputy Clerk) (Entered: 09/05/2017)

Sept. 5, 2017

Sept. 5, 2017

PACER
31

PAPERLESS ORDER granting 18 Motion to Appear Pro Hac Vice on behalf of Tom Plotkin. Directing attorney Tom Plotkin to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 9/5/2017. (srd, Deputy Clerk) (Entered: 09/05/2017)

Sept. 5, 2017

Sept. 5, 2017

PACER
32

PAPERLESS ORDER granting 19 Motion to Appear Pro Hac Vice on behalf of Nicholas Lampros. Directing attorney Nicholas Lampros to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 9/5/2017. (srd, Deputy Clerk) (Entered: 09/05/2017)

Sept. 5, 2017

Sept. 5, 2017

PACER
33

PAPERLESS ORDER granting 21 Motion to Appear Pro Hac Vice on behalf of Chase Strangio. Directing attorney Chase Strangio to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 9/5/2017. (srd, Deputy Clerk) (Entered: 09/05/2017)

Sept. 5, 2017

Sept. 5, 2017

PACER
34

PAPERLESS ORDER granting 22 Motion to Appear Pro Hac Vice on behalf of James Esseks. Directing attorney James Esseks to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 9/5/2017. (srd, Deputy Clerk) (Entered: 09/05/2017)

Sept. 5, 2017

Sept. 5, 2017

PACER
35

PAPERLESS ORDER granting 23 Motion to Appear Pro Hac Vice on behalf of Joshua Block. Directing attorney Joshua Block to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 9/5/2017. (srd, Deputy Clerk) (Entered: 09/05/2017)

Sept. 5, 2017

Sept. 5, 2017

PACER
36

PAPERLESS ORDER granting 24 Motion to Appear Pro Hac Vice on behalf of Leslie Cooper. Directing attorney Leslie Cooper to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 9/5/2017. (srd, Deputy Clerk) (Entered: 09/05/2017)

Sept. 5, 2017

Sept. 5, 2017

PACER
37

Local Rule 103.3 Disclosure Statement by American Civil Liberties Union of Maryland, Inc. (Kies, Marianne) (Entered: 09/08/2017)

Sept. 8, 2017

Sept. 8, 2017

RECAP
38

ORDER granting 10 MOTION to Seal Declaration of John Doe. Signed by Judge Marvin J. Garbis on 9/11/2017. (kw2s, Deputy Clerk) (Entered: 09/12/2017)

Sept. 11, 2017

Sept. 11, 2017

PACER
39

AMENDED COMPLAINT against All Defendants, filed by John Doe, Kate Cole, Brock Stone, American Civil Liberties Union of Maryland, Inc., Seven Ero George, Teagan Gilbert, Tommie Parker. (Attachments: # 1 Exhibit Identification of Amendments)(Kies, Marianne) (Entered: 09/14/2017)

1 Exhibit Identification of Amendments

View on PACER

Sept. 14, 2017

Sept. 14, 2017

Clearinghouse
40

MOTION for Preliminary Injunction by American Civil Liberties Union of Maryland, Inc., Kate Cole, John Doe, Seven Ero George, Teagan Gilbert, Tommie Parker, Brock Stone (Attachments: # 1 Text of Proposed Order, # 2 Exhibit Memorandum ISO Motion, # 3 Affidavit Declaration of Marianne F. Kies, # 4 Exhibit 1 to Kies Decl., # 5 Exhibit 2 to Kies Decl., # 6 Exhibit 3 to Kies Decl., # 7 Exhibit 4 to Kies Decl., # 8 Exhibit 5 to Kies Decl., # 9 Exhibit 6 to Kies Decl., # 10 Exhibit 7 to Kies Decl., # 11 Exhibit 8 to Kies Decl., # 12 Exhibit 9 to Kies Decl., # 13 Exhibit 10 to Kies Decl., # 14 Exhibit 11 to Kies Decl., # 15 Exhibit 12 to Kies Decl., # 16 Exhibit 13 to Kies Decl., # 17 Exhibit 14 to Kies Decl., # 18 Exhibit 15 to Kies Decl., # 19 Exhibit 16 to Kies Decl., # 20 Exhibit 17 to Kies Decl., # 21 Exhibit 18 to Kies Decl., # 22 Exhibit 19 to Kies Decl., # 23 Exhibit 20 to Kies Decl., # 24 Exhibit 21 to Kies Decl., # 25 Exhibit 22 to Kies Decl., # 26 Exhibit 23 to Kies Decl., # 27 Exhibit 24 to Kies Decl., # 28 Exhibit 25 to Kies Decl., # 29 Exhibit 26 to Kies Decl., # 30 Exhibit 27 to Kies Decl., # 31 Exhibit 28 to Kies Decl., # 32 Affidavit Expert Declaration of George R. Brown, # 33 Exhibit A to Brown Decl., # 34 Exhibit B to Brown Decl., # 35 Exhibit C to Brown Decl., # 36 Exhibit D to Brown Decl., # 37 Affidavit Expert Declaration of Brad R. Carson, # 38 Affidavit Expert Declaration of Margaret C. Wilmoth, # 39 Exhibit A to Wilmoth Decl., # 40 Affidavit Plaintiff Cole Decl., # 41 Supplement Notice of Filing Doe Decl. Under Seal, # 42 Affidavit Plaintiff George Decl., # 43 Affidavit Plaintiff Gilbert Decl., # 44 Affidavit Plaintiff Parker Decl., # 45 Affidavit Plaintiff Stone Decl.)(Kies, Marianne) (Entered: 09/14/2017)

3

View on RECAP

4

View on RECAP

5

View on RECAP

6

View on RECAP

8

View on RECAP

9

View on RECAP

10

View on RECAP

11

View on RECAP

12

View on RECAP

13

View on RECAP

14

View on RECAP

15

View on RECAP

16

View on RECAP

17

View on RECAP

18

View on RECAP

19

View on RECAP

20

View on RECAP

21

View on RECAP

22

View on RECAP

23

View on RECAP

24

View on RECAP

25

View on RECAP

26

View on RECAP

27

View on RECAP

28

View on RECAP

29

View on RECAP

30

View on RECAP

31

View on RECAP

32

View on RECAP

35

View on RECAP

Sept. 14, 2017

Sept. 14, 2017

RECAP
41

-SEALED - NOTICE of Filing Under Seal Declaration of John Doe ISO Motion for Preliminary Injunction by American Civil Liberties Union of Maryland, Inc., Kate Cole, John Doe, Seven Ero George, Teagan Gilbert, Tommie Parker, Brock Stone re 40 MOTION for Preliminary Injunction (Kies, Marianne) (Entered: 09/14/2017)

Sept. 14, 2017

Sept. 14, 2017

PACER
42

MOTION to Seal (Unopposed) by American Civil Liberties Union of Maryland, Inc., Kate Cole, John Doe, Seven Ero George, Teagan Gilbert, Tommie Parker, Brock Stone (Attachments: # 1 Text of Proposed Order)(Kies, Marianne) (Entered: 09/14/2017)

1 Text of Proposed Order

View on PACER

Sept. 14, 2017

Sept. 14, 2017

RECAP
43

SUMMONS Returned Executed by John Doe, Kate Cole, Brock Stone, American Civil Liberties Union of Maryland, Inc., Seven Ero George, Teagan Gilbert, Tommie Parker. All Defendants. (Attachments: # 1 Supplement Service as to Acting U.S. Attorney (D. Md.))(Kies, Marianne) (Entered: 09/15/2017)

Sept. 15, 2017

Sept. 15, 2017

PACER
44

NOTICE of Appearance by Ryan Bradley Parker on behalf of All Defendants (Parker, Ryan) (Entered: 09/21/2017)

Sept. 21, 2017

Sept. 21, 2017

PACER
45

RESPONSE to Motion re 8 MOTION for Other Relief Motion for Permission for Plaintiff John Doe to Proceed Under Pseudonym, and Motion to Omit Individual Plaintiffs' Home Addresses from Caption filed by James Mattis, Ryan McCarthy, Richard Spencer, Donald J. Trump, Heather Wilson. (Attachments: # 1 Text of Proposed Order)(Parker, Ryan) (Entered: 09/21/2017)

Sept. 21, 2017

Sept. 21, 2017

PACER
46

Consent MOTION for Extension of Time to Respond to Plaintiffs' Motion for a Preliminary Injunction and for Entry of a Breifing Schedule by James Mattis, Ryan McCarthy, Richard Spencer, Donald J. Trump, Heather Wilson (Attachments: # 1 Text of Proposed Order)(Parker, Ryan) (Entered: 09/21/2017)

Sept. 21, 2017

Sept. 21, 2017

PACER
47

ORDER granting Defendants' 46 Motion for Extension of Time to Respond to Plaintiffs' Motion for a Preliminary Injunction and for Entry of a Breifing Schedule. Signed by Judge Marvin J. Garbis on 9/22/2017. (dass, Deputy Clerk) (Entered: 09/22/2017)

Sept. 22, 2017

Sept. 22, 2017

PACER

Telephone Status Conference re: status and scheduling held on 9/27/2017 before Judge Marvin J. Garbis. (kw2s, Deputy Clerk)

Sept. 27, 2017

Sept. 27, 2017

PACER

Status Conference

Sept. 27, 2017

Sept. 27, 2017

PACER
48

SCHEDULING ORDER. Signed by Judge Marvin J. Garbis on 9/27/2017. (kw2s, Deputy Clerk) (Entered: 09/27/2017)

Sept. 27, 2017

Sept. 27, 2017

RECAP
49

Joint MOTION for Protective Order Regarding the Pseudonym Plaintiff's Identity and for Entry of Order Regarding Pending Motions Related to Plaintiffs' Privacy by American Civil Liberties Union of Maryland, Inc., Kate Cole, John Doe, Seven Ero George, Teagan Gilbert, Tommie Parker, Brock Stone (Attachments: # 1 Text of Proposed Order, # 2 Exhibit Stipulated Protective Order)(Kies, Marianne) (Entered: 09/29/2017)

Sept. 29, 2017

Sept. 29, 2017

PACER
50

ORDER granting 49 Joint MOTION for Protective Order Regarding the Pseudonym Plaintiff's Identity and for Entry of Order Regarding Pending Motions Related to Plaintiffs' Privacy. Signed by Judge Marvin J. Garbis on 9/29/2017. (kw2s, Deputy Clerk) (Entered: 10/02/2017)

Oct. 2, 2017

Oct. 2, 2017

PACER
51

ORDER granting 42 Motion to Seal. Signed by Judge Marvin J. Garbis on 10/2/2017. (kw2s, Deputy Clerk) (Entered: 10/02/2017)

Oct. 2, 2017

Oct. 2, 2017

RECAP
52

MOTION to Dismiss and Opposition to Plaintiffs' Motion for a Preliminary Injunction by James Mattis, Ryan McCarthy, Richard Spencer, Donald J. Trump, Heather Wilson (Attachments: # 1 Memorandum of Points and Authorities, # 2 Johnson Declaration, # 3 Harris Declaration, # 4 Sileno Declaration, # 5 Text of Proposed Order)(Parker, Ryan) (Entered: 10/12/2017)

Oct. 12, 2017

Oct. 12, 2017

PACER
53

-SEALED - NOTICE of Filing Under Seal Sealed Declarations in Support of Defendants' Motion to Dismiss and Opposition to Plaintiffs' Motion for a Preliminary Injunction by James Mattis, Ryan McCarthy, Richard Spencer, Donald J. Trump, Heather Wilson re 52 MOTION to Dismiss and Opposition to Plaintiffs' Motion for a Preliminary Injunction (Attachments: # 1 Declaration, # 2 Declaration, # 3 Declaration)(Parker, Ryan) (Entered: 10/12/2017)

Oct. 12, 2017

Oct. 12, 2017

PACER
54

Consent MOTION to Seal Declarations in Support of Defendants Motion to Dismiss and Opposition to Plaintiffs' Motion for a Preliminary Injunction by James Mattis, Ryan McCarthy, Richard Spencer, Donald J. Trump, Heather Wilson(Parker, Ryan) (Entered: 10/12/2017)

Oct. 12, 2017

Oct. 12, 2017

RECAP
55

ORDER GRANTING 54 Motion to Seal Declarations in Support of Defendants Motion to Dismiss and Opposition to Plaintiffs' Motion for a Preliminary Injunction. Signed by Judge Marvin J. Garbis on 10/13/2017. (hmls, Deputy Clerk) (Entered: 10/13/2017)

Oct. 13, 2017

Oct. 13, 2017

PACER
56

NOTICE of Appearance by Mark Henry Lynch on behalf of All Plaintiffs (Lynch, Mark) (Entered: 10/17/2017)

Oct. 17, 2017

Oct. 17, 2017

PACER
57

REDACTED DOCUMENT to 52 MOTION to Dismiss and Opposition to Plaintiffs' Motion for a Preliminary Injunction Redacted Declaration of Joey J. Johnson by James Mattis, Ryan McCarthy, Richard Spencer, Donald J. Trump, Heather Wilson(Parker, Ryan) (Entered: 10/24/2017)

Oct. 24, 2017

Oct. 24, 2017

PACER
58

REDACTED DOCUMENT to 52 MOTION to Dismiss and Opposition to Plaintiffs' Motion for a Preliminary Injunction Redacted Declaration of Kathleen P. Sileno by James Mattis, Ryan McCarthy, Richard Spencer, Donald J. Trump, Heather Wilson(Parker, Ryan) (Entered: 10/24/2017)

Oct. 24, 2017

Oct. 24, 2017

PACER
59

MOTION for Leave to File Amicus Brief by Trevor Project (Attachments: # 1 Exhibit Proposed Amicus Brief, # 2 Text of Proposed Order)(Rosenberg, Jeffrey) (Entered: 10/25/2017)

Oct. 25, 2017

Oct. 25, 2017

PACER
60

NOTICE by James Mattis, Ryan McCarthy, Richard Spencer, Donald J. Trump, Heather Wilson of Filing Redacted Declarations and the Interim Guidance in Support of Defendants' Motion to Dismiss and Opposition to Plaintiffs' Motion for a Preliminary Injunction (Attachments: # 1 Redacted Declaration of Matthew J. Vanderlugt, # 2 Redacted Declaration Faith K. Posey, # 3 Redacted Declaration of Collin Campbell, # 4 Redacted Declaration of Mark J. Brooks, # 5 Exhibit 1 - Interim Guidance)(Parker, Ryan) (Entered: 10/25/2017)

Oct. 25, 2017

Oct. 25, 2017

PACER
61

ORDER granting 59 Motion for Leave to File Amicus Brief. Signed by Judge Marvin J. Garbis on 10/26/2017. (kw2s, Deputy Clerk) (Entered: 10/26/2017)

Oct. 26, 2017

Oct. 26, 2017

PACER
62

Amicus Brief by Trevor Project (kw2s, Deputy Clerk) (Entered: 10/27/2017)

Oct. 26, 2017

Oct. 26, 2017

PACER
63

MOTION for Leave to File Amicus Brief by Commonwealth of Massachusetts, (Attachments: # 1 Exhibit Proposed Amicus Brief of Massachusetts et al, # 2 Text of Proposed Order Proposed Order)(Colb, Sara) (Entered: 10/27/2017)

Oct. 27, 2017

Oct. 27, 2017

PACER
64

(FILED IN ERROR) MOTION for Leave to File Amicus Curiae Brief by Retired Military Officers and Former National Security Officials (Attachments: # 1 Exhibit Brief of Retired Military Officers and Former National Security Officials as Amici Curiae in Support of Plaintiffs, # 2 Text of Proposed Order)(Spector, Phillip) Modified on 10/30/2017 (kw2s, Deputy Clerk). (Entered: 10/27/2017)

Oct. 27, 2017

Oct. 27, 2017

PACER
65

Corrected MOTION for Leave to File Amicus Curiae Brief by Retired Military Officers and Former National Security Officials (Attachments: # 1 Exhibit Corrected Brief of Retired Military Officers and Former National Security Officials as Amici Curiae, # 2 Text of Proposed Order)(Spector, Phillip) (Entered: 10/27/2017)

Oct. 27, 2017

Oct. 27, 2017

PACER
66

REPLY to Response to Motion re 40 MOTION for Preliminary Injunction & Opposition to Defendants' Motion to Dismiss (ECF No. 52) filed by American Civil Liberties Union of Maryland, Inc., Kate Cole, John Doe, Seven Ero George, Teagan Gilbert, Tommie Parker, Brock Stone. (Attachments: # 1 Affidavit Kies Declaration, # 2 Exhibit 29, # 3 Exhibit 30, # 4 Affidavit Eitelberg Declaration, # 5 Affidavit Fanning Declaration, # 6 Affidavit James Declaration, # 7 Affidavit Mabus Declaration, # 8 Affidavit Suppl. Cole Declaration, # 9 Affidavit Suppl. George Declaration, # 10 Exhibit Exhibit to Suppl. George Declaration, # 11 Affidavit Suppl. Gilbert Declaration, # 12 Affidavit Suppl. Parker Declaration, # 13 Affidavit Suppl. Stone Declaration)(Kies, Marianne) Modified on 10/30/2017 (kw2s, Deputy Clerk). Modified on 10/30/2017 (kw2s, Deputy Clerk). (Entered: 10/27/2017)

Oct. 27, 2017

Oct. 27, 2017

PACER
67

-SEALED - NOTICE of Filing Under Seal Sealed Affidavits and Exhibit to Reply ISO Plaintiffs' Motion for Preliminary Injunction by American Civil Liberties Union of Maryland, Inc., Kate Cole, John Doe, Seven Ero George, Teagan Gilbert, Tommie Parker, Brock Stone re 66 Reply to Response to Motion,,, (Attachments: # 1 Exhibit to Suppl. George Declaration, # 2 Affidavit Suppl. Gilbert Declaration, # 3 Affidavit Suppl. Stone Declaration)(Kies, Marianne) (Entered: 10/27/2017)

Oct. 27, 2017

Oct. 27, 2017

PACER
68

Consent MOTION to Seal Supplemental Declarations and Exhibit to Declaration by American Civil Liberties Union of Maryland, Inc., Kate Cole, John Doe, Seven Ero George, Teagan Gilbert, Tommie Parker, Brock Stone (Attachments: # 1 Text of Proposed Order)(Kies, Marianne) (Entered: 10/27/2017)

Oct. 27, 2017

Oct. 27, 2017

PACER
69

(FILED IN ERROR BY CLERK)QC NOTICE: 66 Reply to Response to Motion,,, filed by John Doe, Commonwealth of Massachusetts,, Brock Stone, Kate Cole, Seven Ero George, Teagan Gilbert, Tommie Parker, American Civil Liberties Union of Maryland, Inc. was filed incorrectly. ***Please refile using the correct event under Responses and Replies-Response in Opposition to Motion. It has been noted as FILED IN ERROR, and the document link has been disabled. (kw2s, Deputy Clerk) Modified on 10/30/2017 (kw2s, Deputy Clerk). (Entered: 10/30/2017)

Oct. 30, 2017

Oct. 30, 2017

PACER
70

ORDER granting 65 Corrected MOTION for Leave to File Amicus Curiae Brief . Signed by Judge Marvin J. Garbis on 10/30/2017. (kw2s, Deputy Clerk) Modified on 10/30/2017 (kw2s, Deputy Clerk). (Entered: 10/30/2017)

Oct. 30, 2017

Oct. 30, 2017

PACER
71

Amicus Curiae Brief by Retired Military Officers and Former National Security Officials (kw2s, Deputy Clerk) (Entered: 10/30/2017)

Oct. 30, 2017

Oct. 30, 2017

PACER
72

ORDER granting 63 MOTION for Leave to File Amicus Brief. Signed by Judge Marvin J. Garbis on 10/30/2017. (kw2s, Deputy Clerk) (Entered: 10/30/2017)

Oct. 30, 2017

Oct. 30, 2017

PACER
73

Amicus Brief by Commonwealth of Massachusetts (kw2s, Deputy Clerk) (Entered: 10/30/2017)

Oct. 30, 2017

Oct. 30, 2017

PACER
74

NOTICE by American Civil Liberties Union of Maryland, Inc., Kate Cole, John Doe, Seven Ero George, Teagan Gilbert, Tommie Parker, Brock Stone re 66 Reply to Response to Motion,,, Supplemental Authority (Attachments: # 1 Exhibit 1 (Memorandum and Order))(Kies, Marianne) Modified on 11/2/2017 (kw2s, Deputy Clerk). (Entered: 10/31/2017)

Oct. 31, 2017

Oct. 31, 2017

PACER
75

NOTICE of Appearance by Peter John Komorowski, III on behalf of American Civil Liberties Union of Maryland, Inc., Kate Cole, John Doe, Seven Ero George, Teagan Gilbert, Tommie Parker, Brock Stone (Komorowski, Peter) (Entered: 11/01/2017)

Nov. 1, 2017

Nov. 1, 2017

PACER
76

(FILED IN CLERKS EEROR)QC NOTICE: 74 Notice (Other), filed by John Doe, Kate Cole, Brock Stone, Teagan Gilbert, Seven Ero George, Tommie Parker, American Civil Liberties Union of Maryland, Inc. was filed incorrectly.***Please refile using the event under Responses and Replies - Response in Support of Motion AND Response in Opposition to Motion and link to the correct Motion. It has been noted as FILED IN ERROR, and the document link has been disabled. (kw2s, Deputy Clerk) Modified on 11/3/2017 (kw2s, Deputy Clerk). (Entered: 11/02/2017)

Nov. 2, 2017

Nov. 2, 2017

PACER
77

REPLY to Response to Motion re 52 MOTION to Dismiss and Opposition to Plaintiffs' Motion for a Preliminary Injunction filed by James Mattis, Ryan McCarthy, Richard Spencer, Donald J. Trump, Heather Wilson.(Parker, Ryan) (Entered: 11/03/2017)

Nov. 3, 2017

Nov. 3, 2017

PACER
78

RESPONSE re 74 Notice (Other), of Supplemental Authority filed by James Mattis, Ryan McCarthy, Richard Spencer, Donald J. Trump, Heather Wilson.(Parker, Ryan) (Entered: 11/07/2017)

Nov. 7, 2017

Nov. 7, 2017

PACER
79

ORDER advising that no person may possess or transport into Courtroom 5A any electronic devices, to include cellular telephones, cameras, recordingdevices of any type including "smart" watches and "smart" pens, and/or computers, to include laptops and tablets, without the express permission of the presiding judge. Signed by Judge Marvin J. Garbis on 11/8/2017. (kw2s, Deputy Clerk) (Entered: 11/08/2017)

Nov. 8, 2017

Nov. 8, 2017

PACER
80

Reply to 74 NOTICE by American Civil Liberties Union of Maryland, Inc., Kate Cole, John Doe, Seven Ero George, Teagan Gilbert, Tommie Parker, Brock Stone Reply ISO Notice of Supplemental Authority (ECF No. 74) (Kies, Marianne) Modified on 11/8/2017 (kw2s, Deputy Clerk). (Entered: 11/08/2017)

Nov. 8, 2017

Nov. 8, 2017

PACER
81

Motion Hearing held on 11/9/2017 re 40 MOTION for Preliminary Injunction filed by John Doe, Kate Cole, Brock Stone, Teagan Gilbert, Seven Ero George, Tommie Parker, American Civil Liberties Union of Maryland, Inc. before Judge Marvin J. Garbis.(Court Reporter: Douglas Zweizig) (mds, Deputy Clerk) (Entered: 11/09/2017)

Nov. 9, 2017

Nov. 9, 2017

PACER
82

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 11/9/2017, before Judge Garbis. Court Reporter/Transcriber Douglas J. Zweizig, RDR, CRR, Telephone number (410) 962-4474 - Douglas_Zweizig@mdd.uscourts.gov. Total number of pages filed: 82. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained from the Court Reporter or through PACER. Redaction Request due 12/6/2017. Redacted Transcript Deadline set for 12/18/2017. Release of Transcript Restriction set for 2/13/2018.(dz, Court Reporter) (Entered: 11/15/2017)

Nov. 15, 2017

Nov. 15, 2017

PACER
83

ORDER granting 68 Consent MOTION to Seal Supplemental Declarations and Exhibit to Declaration. Signed by Judge Marvin J. Garbis on 11/13/2017. (kw2s, Deputy Clerk) (Entered: 11/16/2017)

Nov. 15, 2017

Nov. 15, 2017

RECAP
84

PRELIMINARY INJUNCTION. Signed by Judge Marvin J. Garbis on 11/21/2017. (kw2s, Deputy Clerk) (Entered: 11/21/2017)

Nov. 21, 2017

Nov. 21, 2017

Clearinghouse
85

MEMORANDUM AND ORDER granting 40 Motion for Preliminary Injunction; granting in part and denying in part 52 Motion to Dismiss. Signed by Judge Marvin J. Garbis on 11/21/2017. (kw2s, Deputy Clerk) (Entered: 11/21/2017)

Nov. 21, 2017

Nov. 21, 2017

Clearinghouse
86

NOTICE OF APPEAL as to 85 Memorandum and Order, Order on Motion for Preliminary Injunction, Order on Motion to Dismiss, 84 Preliminary Injunction by James Mattis, Ryan McCarthy, Richard Spencer, Donald J. Trump, Heather Wilson. (Parker, Ryan) (Entered: 12/05/2017)

Dec. 5, 2017

Dec. 5, 2017

PACER
87

MOTION for Extension of Time to File Answer by James Mattis, Ryan McCarthy, Richard Spencer, Donald J. Trump, Heather Wilson (Attachments: # 1 Text of Proposed Order)(Parker, Ryan) (Entered: 12/05/2017)

Dec. 5, 2017

Dec. 5, 2017

PACER
88

ORDER granting 87 Motion for Extension of Time to Answer James Mattis answer due 12/15/2017; Ryan McCarthy answer due 12/15/2017; Richard Spencer answer due 12/15/2017; Donald J. Trump answer due 12/15/2017; Heather Wilson answer due 12/15/2017. Signed by Judge Marvin J. Garbis on 12/5/2017. (kw2s, Deputy Clerk) (Entered: 12/05/2017)

Dec. 5, 2017

Dec. 5, 2017

PACER
89

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 86 Notice of Appeal,. IMPORTANT NOTICE: To access forms which you are required to file with the United States Court of Appeals for the Fourth Circuit please go to http://www.ca4.uscourts.gov and click on Forms & Notices.(slss, Deputy Clerk) (Entered: 12/05/2017)

Dec. 5, 2017

Dec. 5, 2017

PACER
90

USCA Case Number 17-2398 for 86 Notice of Appeal, filed by James Mattis, Heather Wilson, Richard Spencer, Donald J. Trump, Ryan McCarthy. Case Manager - Joy Hargett Moore (slss, Deputy Clerk) (Entered: 12/06/2017)

Dec. 6, 2017

Dec. 6, 2017

PACER
91

MOTION for Clarification and, if necessary, a Partial Stay of Preliminary Injunction Pending Appeal by James Mattis, Ryan McCarthy, Richard Spencer, Donald J. Trump, Heather Wilson (Attachments: # 1 Affidavit Lernes J. Hebert)(Parker, Ryan) (Entered: 12/12/2017)

1 Affidavit Lernes J. Hebert

View on PACER

Dec. 12, 2017

Dec. 12, 2017

RECAP
92

Correspondence re: ECF No. 91 (Defendants' Motion for Clarification and Partial Stay of Preliminary Injunction) (Kies, Marianne) Modified on 12/13/2017 (kw2s, Deputy Clerk). (Entered: 12/12/2017)

Dec. 12, 2017

Dec. 12, 2017

RECAP
93

(FILED IN ERROR)QC NOTICE: 92 Miscellaneous Correspondence was filed incorrectly. ***Please refile using the event under Responses and Replies> Response in Opposition to Motion It has been noted as FILED IN ERROR, and the document link has been disabled. (kw2s, Deputy Clerk) Modified on 12/13/2017 (kw2s, Deputy Clerk). (Entered: 12/13/2017)

Dec. 13, 2017

Dec. 13, 2017

PACER

Status Conference

Dec. 13, 2017

Dec. 13, 2017

PACER

Telephone Status Conference held on 12/13/2017 before Judge Marvin J. Garbis. (kw2s, Deputy Clerk)

Dec. 13, 2017

Dec. 13, 2017

PACER
94

ORDER Confirmimg Conference. Signed by Judge Marvin J. Garbis on 12/13/2017. (kw2s, Deputy Clerk) (Entered: 12/14/2017)

Dec. 14, 2017

Dec. 14, 2017

RECAP
95

RESPONSE in Opposition re 91 MOTION for Clarification and, if necessary, a Partial Stay of Preliminary Injunction Pending Appeal filed by American Civil Liberties Union of Maryland, Inc., Kate Cole, John Doe, Seven Ero George, Teagan Gilbert, Tommie Parker, Brock Stone. (Attachments: # 1 Affidavit Marianne Kies Declaration, # 2 Exhibit 1 to Kies Decl., # 3 Exhibit 2 to Kies Decl., # 4 Exhibit 3 to Kies Decl., # 5 Exhibit 4 to Kies Decl., # 6 Exhibit 5 to Kies Decl., # 7 Exhibit 6 to Kies Decl., # 8 Affidavit George Brown Declaration, # 9 Affidavit Deborah James Declaration, # 10 Affidavit Raymond Mabus Declaration)(Kies, Marianne) (Entered: 12/15/2017)

8

View on RECAP

Dec. 15, 2017

Dec. 15, 2017

PACER
96

ANSWER to 39 Amended Complaint, by James Mattis, Ryan McCarthy, Richard Spencer, Donald J. Trump, Heather Wilson.(Parker, Ryan) (Entered: 12/15/2017)

Dec. 15, 2017

Dec. 15, 2017

PACER

Case Details

State / Territory: Maryland

Case Type(s):

Equal Employment

Special Collection(s):

Multi-LexSum (in sample)

Transgender Healthcare Access Cases

Key Dates

Filing Date: Aug. 28, 2017

Closing Date: Aug. 19, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

6 Transgender Military Service Members

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

President Donald Trump, Federal

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Order Duration: 2017 - 2019

Content of Injunction:

Preliminary relief granted

Issues

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Medical Exam / Inquiry

LGBTQ+:

LGBTQ+

Discrimination-basis:

Gender identity

Sex discrimination